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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#111

Peter, Can you evaluate my specific case? I am going to send my resume and also my google scholar citation page. info: - I have about 46 citations. - Graduated last June 2015 PhD EE from a small US school. - 5+ conference papers in top conferences in my field. - 1 best paper award in a 250-paper conference. - 1 best paper nomination in 200+-paper conference. - 11+ conference/journal papers in Total. - 3 approved US p…

I'd be happy to evaluate your background.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#114
post #94

I'm an English programmer working in the UK for a site owned by, via another company, a very large privately owned US company. I have a child and a partner I am not married to. I have no criminal record. I'm unsettled by the brexit, and am considering a US move - if my company's parent wants to take me on how difficult is the immigration process likely to be?

The required corporate relationship between the US and UK companies needs to exist but assuming that it does, then an L-1 transferee visa might be an option - although USCIS (if the US company isn't a "blanket" approved company) can be really tough on L-1s so the outcome isn't necessarily guaranteed.

Thank you Peter, that is very useful. Much appreciated.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#115

Also, from my friend again: I know O1 visa is very specific for example O1 for producing or or O1 for acting. If your O1 is for producing you cannot do acting under that visa. Currently I have only enough experience only for producing. But Ideally I want to get O1 for producing and acting. My question is if you have O1 for producing, while you are at O1 you want to apply O1 for producing and acting, if I get denied i…

Good question but very fact-specific so I'd need to speak with you and get much more information.

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#117
post #67

Earlier quoted context omitted.

Also curious about this.

Excellent and important issue. Ownership in and of itself is not a bar to TN classification - to be a bar the ownership is supposed to rise to the level of controlling - but USCBP (at the "border") and even USCIS sometimes (and more and more) take the position that it is or conclude that if one is a founder or has an ownership interest, one is a "manager" and not an "engineer" and therefore ineligible for TN classifi…

Thanks Peter! So then would you suggest to wait on (fingers crossed) getting an H1-B from an employer and then transferring to the new startup?

Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

#119

Also, from my friend again: I know O1 visa is very specific for example O1 for producing or or O1 for acting. If your O1 is for producing you cannot do acting under that visa. Currently I have only enough experience only for producing. But Ideally I want to get O1 for producing and acting. My question is if you have O1 for producing, while you are at O1 you want to apply O1 for producing and acting, if I get denied i…

Good question but very fact-specific so I'd need to speak with you and get much more information.

I'm sure my friend would be interested in setting up a consultation. How can we arrange that?
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